BILL ANALYSIS
AB 101
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Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 101 (Anderson) - As Introduced: January 8, 2009
SUBJECT : Elections: vote by mail ballots.
SUMMARY : Requires elections officials to deliver a notice to
each vote by mail (VBM) voter that a VBM ballot must actually be
received by the elections official before the polls close on
election day in order for the ballot to be counted and that an
envelope postmarked by the day of the election is not
sufficient. Requires this notice to be included on the VBM
ballot identification envelope or in instructions to the voter.
EXISTING LAW requires all VBM ballots to be received by the
elections official from whom they were obtained or by the
precinct board no later than the close of polls on election day
in order to be counted.
FISCAL EFFECT : According to an Assembly Appropriations
Committee analysis of a substantially similar bill from last
session, minor reimbursable costs, less than $100,000 annually,
to include the required instructions to VBM voters. Initially,
elections officials would probably notify using an insert in the
VBM envelope until their existing stock of VBM envelopes is
depleted. If the notification is printed on new VBM envelopes,
future costs would be negligible.
COMMENTS :
1)Purpose of the Bill : According to the author:
I authored Assembly Bill 101 to ensure that every
voter who votes by mail will be given fair notice that
ballots must be received by a polling official by the
time the polls close. State law currently requires
other standard warnings, and this bill will guarantee
a fundamental one. In the words of AB 101, it would
be a disclosure "that the vote by mail ballot must
actually be received by elections officials before the
polls close on Election Day in order for the ballot to
be counted and that an envelope postmarked by the day
of the election is not sufficient." This is a small
AB 101
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step our government can take to preserve and uphold
the continuity and clarity the voters expect and
deserve.
2)Arguments in Support : According to the California Association
of Clerks and Election Officials, most counties already
provide a notice to voters similar to the one required by this
bill, and "while there may be some minor costs imposed on some
counties, the information is vital to the vote by mail
process. As more voters opt to cast their ballots via the
vote by mail process, it is imperative that they understand
the necessity of returning the voted ballot in a timely
manner."
3)Previous Legislation : This bill is substantially similar to
AB 1928 (Anderson) of 2008. AB 1928 was vetoed by the
Governor, though the Governor did not express any policy
objections to the bill. Instead, AB 1928 was one of 136 bills
that received the same veto message. That veto message is as
follows:
The historic delay in passing the 2008-2009 State
Budget has forced me to prioritize the bills sent to
my desk at the end of the year's legislative session.
Given the delay, I am only signing bills that are the
highest priority for California. This bill does not
meet that standard and I cannot sign it at this time.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Clerks and Election Officials
Secretary of State Debra Bowen
Opposition
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094